Kishori Lal (Deceased) Represented by his Legal Heirs Parveen Kumar and Others vs Kundan Lal and Others

Gokal Chand Mital, J.—Mathura Dass was the tenant of the shop in dispute, of which Kundan Lal and Darshan Lal became landlords by purchase from the previous landlord vide registered sale deed dated 19.1.1973. After the death of Mathura Dass tenant, the landlords filed a civil suit against Kishori Lal brother of Mathura Dass tenant on the plea that the possession of Kishori Lal was as a tres-passer as the statutory tenancy of Mathura Dass was not heritable.

The suit was contested by Kishori Lal. Both the Courts below held that the tenancy was not heritable and consequently treated the possession of Kishori Lal as a trespasser and granted the decree of possession. This is second appeal by Kishori Lal.

Shri H. L. Sarin, Senior Advocate, appearing for Kishori Lal has brought to my notice latest Full Bench judgment of this Court in Harish Chander v. Kirpa Ram, according to which the tenancy in respect of a shop in Haryana devolves on the heirs in accordance with the general law of succession i.e. the Hindu Succession Act. In this case Kishori Lal is the nearest heir of Mathura Dass tenant, and, therefore, he succeeded to the tenancy rights of Mathura Dass and could be ejected only on one of the grounds contained in Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short ''the Act'') and not in a simple suit for possession like the one in dispute.

Faced with this situation, the learned Counsel for the Plaintiffs has argued that the aforesaid Full Bench judgment in Harish Chander''s case (supra) is under consideration before the Supreme Court. If that is so, the proper remedy for the Plaintiffs would be to approach the Supreme Court. So far as I am concerned, I am bound by the Full Bench judgment.

For the reasons recorded above, this appeal is allowed and after setting aside the judgments and decrees of the Court below, suit for possession against Kishori Lal (now his L. Rs. ) is hereby dismissed. However, it will be open to the landlords to proceed to eject the tenants on one of the grounds available under the Act. No costs.